Receiving a deportation order doesn't necessarily mean the end of the road. Immigration attorney Liudmila Marcelo emphasizes that as long as an appeal is pending, deportation cannot proceed. Should a deportation occur, authorities would be obligated to return the individual.
Marcelo stated clearly in an interview with Tania Costa on CiberCuba, "New law, old law, whatever the law, you have the right to file your appeal within 30 days, and that's what I recommend. I advise everyone to appeal."
The deadline to submit an appeal to the Board of Immigration Appeals (BIA) is within 30 calendar days from when the judge issues the order, using the EOIR-26 form.
The Strategic Advantage of Time
Under current judicial policy, the order is automatically stayed during this period and while the appeal is active. Marcelo points out that the time taken for an appeal can be an advantageous strategy: "Appeals rarely take just a few months; they usually extend to two and a half or three years. During this period, if a favorable decision emerges, it can be beneficial."
This time frame can be crucial if new legal avenues open up, such as a shift in policy regarding Cuban parole or a favorable ruling under the Cuban Adjustment Act.
In May 2026, Marcelo successfully convinced an Orlando judge to grant residency to a Cuban with an I-220A by recognizing the document as parole under that law.
The Importance of Legal Representation
Marcelo highlighted the risks of facing court without legal representation by sharing a recent case: a person’s hearing was scheduled for August 2027 but was moved up to July 1st. The notification arrived on June 7th, leaving less than a month to prepare.
"When they arrived at court, the judge told them: this asylum is deficient, I don't see the evidence that I can grant you asylum," Marcelo recounted. The individual requested more time through a motion to continue, but the judge denied it and issued the deportation order.
Such situations—courts rescheduling with little notice—have become common in 2026, with hearings initially set for 2028 or 2029 suddenly appearing on the docket weeks in advance.
"That's why it's crucial not to attend these court sessions without lawyers, to ensure that what happened is at least recorded," Marcelo stressed. She insists that having a lawyer present ensures that motions and their justifications are documented in the record, even if the case is lost.
Marcelo's conclusion is straightforward: "No, receiving a deportation order is not the end. The end comes when the appeal decision goes against you, but as long as you have an appeal, nothing will happen to you. And if you are deported while your appeal is pending, you must be brought back."
Recent Developments in Immigration Policy
The program also addressed audience questions concerning cases with CBP One and closed court cases awaiting residency through Cuban adjustment: those with cases marked as "in process" should continue waiting, as this does not imply a change in their current status.
The backdrop is a new USCIS rule published on July 27, which allows affirmative asylum cases to be directly referred to immigration judges without a prior interview, eliminating what Marcelo considers a second chance for those without removal charges.
Frequently Asked Questions About Deportation Appeals
How long do you have to appeal a deportation order?
You have 30 calendar days from the date the judge issues the order to file an appeal with the Board of Immigration Appeals (BIA).
What happens if you are deported while an appeal is pending?
If deportation occurs while an appeal is still pending, authorities are required to return the individual to the country.
Why is legal representation in immigration court important?
Having a lawyer ensures that all motions and their justifications are documented, providing a record that could be crucial even if the case is lost.